Workshop on Environmental

Governance of the Mining Sector

Putting Policies into Practice
May 15-17, 2018 – Kwale, Kenya
Context and Overall Objective

The workshop aims to bring together key stakeholders from the government, civil society and the private sectors in
Kenya and Mozambique, who have a delegated role in environmental governance of the mining sector and have been
addressing these challenges from different perspectives. With focus on the recent assessments for the mining sector,
namely the Strategic environmental and social assessment (SESA) in Kenya and the Rule of Law in Public
Administration (RoLPA) in Mozambique. The overall objective of this workshop is to strengthen participants’
knowledge and skills to create (and sustain) a multi-stakeholder forum for collaborative learning and discussions on
how rights based approaches can lead to more a responsive, participatory, accountable and sustainable governance
of the mining sector.

This will be done through exchange of knowledge, experiences and good practices across countries and sectors
(governments, civil society and the private sector), presentations by experts and practitioners, group discussions
using real-life cases from Kenya, Mozambique and Sweden, and back-to-work action planning to address participants’
contextual challenges. The workshop is designed in close collaboration between UNDP, the Swedish Environmental
Protection Agency and national counterparts.

Learning Objectives

At the end of the workshop, participants will be able to:

• Recognize key lessons and forward actions from the SESA and RoLPA assessments
• Apply key considerations in strategic communication planning process to ensure meaningful stakeholder
engagement
• Explain the main risks associated with closed and/or abandoned mines and some good practices and tools
to help minimize/avoid negative social and environmental impacts
• Describe key features of a sound methodology to allocate mining revenue to the communities and to
conduct environmental monitoring/auditing of mining concessions with partial government ownership
• Identify entry points to establish community-based environmental monitoring committees in Kenya and
Mozambique
• Employ new insights from the workshop to develop back-to-work action plans in their own organisation
• Explain the emerging changes in environmental governance for the mining sector in Kenya and Mozambique
as a result of the EGP
• Identify areas for adaptation of the EGP work plan

Participants
Nema; Ministry of Mining of Kenya; Ministry of Environment, Natural Resources & Regional Development Authorities
of Kenya; Kwale County Government; Department of Occupational Health and Safety Services (DOSHS); Kenyan
National Commission on Human Rights; Huria (NGO); Chamber of Mines; UNDP Kenya; UNDP Mozambique; Mozambican
National Commission on Human Rights; MIREME; INAMI; MITADER; AQUA; DINAB; Swedish Environmental Protection
Agency; UNDP Bureau for Policy and Programme Support; Lund University; Source International; and Swedish
Geological AB.

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 PRELIMINARY AGENDA

MONDAY, MAY 14, 2018

PARTIPANTS ARRIVE AT WORKSHOP VENUE IN KWALE, KENYA

Throughout the day Diani Reef Resort
Diani Beach Road, Mombasa, Kenya

DAY 1 - TUESDAY, MAY 15, 2018

Facilitators: Geoffrey Omedo, UNDP Kenya and Zephania Ouma, NEMA

9:00-9:30 Introduction by facilitators: Purpose of the workshop, expected outcomes, and schedule.

Official opening of the workshop

• Geoffrey Wahungu, Director General, NEMA
• Amanda Serumaga, Country Director, UNDP Kenya
Introduction and Welcome
• Zephaniah Ouma, NEMA
• Elsa Alfai, INAMI
• Casper Sonesson, UNDP Bureau for Policy and Programme Support
• Sanna Due, Swedish Environmental Protection Agency

Presentation of the Environmental Governance Programme

• Casper Sonesson, UNDP

9:30-10:45 Results from the assessments of the mining sector in Mozambique and Kenya

Short presentations of the key findings in the RoLPAM in Mozambique and SESA in Kenya,
followed by a panel discussion with representatives from government, human rights
institutions, and the private sector with a specific focus on the themes that will be covered
in the workshop. These presentations will include any plans for how to address key gaps and
challenges in Kenya and Mozambique.

Presentation 1: Key Findings and Recommendations from SESA

• Maureen Njeri, NEMA
Key Findings and Recommendations from RoLPAM in Mozambique
• Janeiro Avelio, UNDP Mozambique

10:45-11:00 BREAK

11:00-13:00 Meaningful Stakeholder Engagement: From Policy to Practice

Objectives and outcomes

By the end of this session the participants will have:
• A general understanding of main types of stakeholder engagement and key tools and
guidance relevant for the mining sector
• A general understanding the of the concept of strategic communication planning
• Identified one concrete problem/case in Mozambique and Kenya, respectively
• Started to develop a skeleton of a stakeholder engagement and communication
strategy
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 • Developed concrete next steps

Questions to be covered
• How can strategic communication planning help ensure/contribute to meaningful
stakeholder engagement?
• How do we go about it?
• What resources and capacities are needed?

Detailed session design

11:00 – 11:05 - Presentation of the session and a short review of achievements so far with
regards to stakeholder engagement
• Mats Kullberg, SEPA
11:05 – 11:20 - Overview of different stakeholder engagement tools and processes
• Casper Sonesson, UNDP
11:20 – 11:40 - Strategic Communication Planning – presentation of a planning tool-box (a
step-by-step approach)
• Mats Kullberg, SEPA
11:40 - 11:50 - Presentation of the Community Guide to Large Scale Mining in Kenya that
has been developed as a part of the EGP
• Representative from the Ministry of Mining of Kenya

11:50 - 12:00 - Presentation of an example of stakeholder engagement in the mining sector

in Mozambique
• António Sive, Ministry of Mineral Resources and Energy (MIREME), National Directorate
for Planning and Cooperation (DPC)

12:00 -13:00 - Group discussions in country teams

The presentations will be followed by interactive learning activities in groups with the aim
of identifying possibilities for implementation or support of concrete cases of stakeholder
engagement related to mining in Mozambique and/or Kenya.

Guiding questions/tasks

• Identify a possible case

• Who are the key stakeholders?
• Discuss problems, causes, risks, and opportunities
• Transform best options and solutions into possible objectives
• Start developing a proposal for next steps

13:00- 14:00 LUNCH BREAK

14:00-17:00 Mining reclamation and design for closure

This session is concerned with techniques and approaches used to achieve orderly closure and
successful reclamation of mines and how this should be an important part of the EIA process, as
well as an issue that is continuously addressed throughout the planning and operation of a mine.
It will include a theoretical part, and a concluding interactive part where participants apply
their new knowledge to two case study examples.

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Considering the upcoming global meeting of the Conference of the Parties of the Convention on
Biological Diversity (CBD) in November, where mainstreaming of biodiversity in the mining sector
will be a focus area, the session will also reflect upon how biodiversity protection can be
mainstreamed throughout the mining cycle with a view to minimize impacts and achieve
successful reclamation / rehabilitation upon closure of the mine. In the generic case studies,
participants will consider the main issues of importance in ensuring orderly closure and
successful reclamation.

Learning objectives
After the session, the participants will have an improved understanding of:
• The main risks associated with closed and/or abandoned mines and how these must be
addressed.
• Practices used to minimise/avoid negative environmental impacts.
• Practices used to minimise/avoid negative social impacts.
• Tools and mechanism used to ensure that sufficient financial resources are available for
closure and rehabilitation.
Detailed session design
14:00 - 14:20 - The role of and need for the regulator
• Håkan Tarras-Wahlberg, Swedish Geological AB, discusses tools and methods the
regulator must make use of to ensure continuous rehabilitation, orderly closure and
successful reclamation of mine sites.
14:20 - 14:40 - Mainstreaming biodiversity protection
• Per Strömberg, SEPA, will reflect upon how biodiversity protection can be
mainstreamed throughout the mining cycle with a view to achieve successful
reclamation / rehabilitation upon mine closure.

14:40 - 15:00 - Swedish experiences of mine site closure & rehabilitation

• Ann-Marie Fällman, SEPA, will share experiences of what is important for a successful
mine site rehabilitation, based on a recent evaluation of rehabilitated mine sites in
Sweden.
15:00 – 15:30 – Break

15:30 - 17:00 - Interactive session on rehabilitation and design for closure

• Håkan Tarras-Wahlberg will lead a discussion on challenges and opportunities in typical
mining operations found in Eastern Africa, based on brief presentations of two mines in
Kenya and Mozambique, namely: small-to-medium sized open-pit gold mines, such as the
Kilimapesa goldmine in Southwestern Kenya; large-scale, open-pit mineral sands
operations, such as the Moma Titanium Mine on the Northeast coast of Mozambique.
Questions to be addressed in the interactive session

• What do you think are the main environmental, social and biodiversity related
impacts/issues at this site, and what would be the effect on these of an eventual closure
of the mine?
• What authority has the main responsibility in ensuring mining reclamation and design for
closure – are there any overlaps or gaps in this regard?
• Is ongoing rehabilitation ongoing at the site? Is it required by law and if yes, is it
enforced and by whom?

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 • Do mining companies in Kenya/Mozambique place environmental bonds to cover closure
costs and if yes, how, when & where?

15:30-16:00 BREAK

16:00-17:00 Continuation: Mining reclamation and design for closure

17:00-17:15 END OF DAY 1

19:00-21:00 DINNER

DAY 2 - WEDNESDAY, MAY 16, 2018

8:30-8:40 Social opening of day two and reflections of the first day

8:40-9:30 Debate: Mine community revenue allocation models, and the challenges of environmental
performance control of state owned mines
• Håkan Tarras-Wahlberg and Per Strömberg will introduce some key facts and
challenges, using real world examples, with the aim to broaden the understanding of
the issues and stimulating debate.
• Elsa Alfai from Mozambique will moderate the debate.

9:30-12:30 Environmental Monitoring and access to information

This session aims to give a shared understanding of the importance of monitoring the
impacts on the environment to support the supervision, management and control of mining
activities and to minimize harm to humans and the environment. The different roles and
responsibilities of the government (agencies), the private sector and the civil society will be
discussed.

The focus will be on participatory monitoring by the civil society, how this type of
monitoring can be established in practice, and how it can contribute to prevention of
conflict and building of trust. Cases from Kenya, Mozambique and Sweden will also be
presented to illustrate practices, roles and responsibilities. There will be ample time for
group discussions around important aspects of community based monitoring. One aim of the
discussions is to identify possibilities for concrete pilot projects on establishing monitoring
committees in Mozambique or Kenya.

Learning objectives
By the end of this session the participants will be able to:
• Understand the concept of community-based monitoring by environmental
committees in general
• Identify possibilities and challenges of community-based monitoring in the context of
mining activities in Mozambique and Kenya, respectively
• Make a recommendation on whether a pilot committee/project should be established
in Mozambique or Kenya
• If yes, plan some first concrete steps needed to make this project happen.

Questions to be covered
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 • How can participatory environmental monitoring committees empower citizens to
shape decision making?
• How we can they be established and how far can they go?
• How do we monitor biodiversity?
• How can environmental data be communicated?
Detailed session design
9:30 – 10:10 - The work of community-based environmental monitoring committees, their
roles in decision making on mining, and their implementation as a tool to prevent conflict
from escalating
• Flaviano Bianchini, Director of SOURCE international
10:10 - 10:25 - A Case Study of Base Titanium in Kwale wot focus on environmental
monitoring
• Georgina Jones
10:25 –10:35 - Environmental monitoring in Mozambique
• Josimar Biosse, Ministry of Land, Environment and Rural Development (MITADER),
Environmental Quality Agency (AQUA)
10:35 – 10:45 - Swedish examples of self- and community-based monitoring
• Tove Lundeberg, Swedish EPA
10:45 – 11:00 – Break

11:00-12:30 Group discussions in country teams

The presentations will be followed by interactive learning activities in groups with the aim
of identifying possibilities for concrete pilot cases (environmental monitoring committees) in
Mozambique and/or Kenya based on collaboration between private sector, public
administration (government) and civil society.

Guiding questions

• Identify a possible community/situation where implement a community-based

monitoring.
• Analyze the local context and environment:

a) Is it a conflict area?
b) Which are the major concerns from an environmental point of view?
c) Which are the major concerns from a social point of view?
d) Are there recorded human rights violations?

• Identify all stakeholders: community organizations, state, company, civil society,

NGOs
• Design a hypothetical monitoring system based on the major concerns:

a) Water analysis?
b) Soil analysis?
c) Dust analysis?
d) Human Rights Impact Assessment?

• Design a hypothetical controlling mechanism:

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 a) Who controls the monitoring committee?
b) How can you guarantee transparency?

• Think about a communication strategy:

a) How to communicate the results of the monitoring within the community and outside
the community?

12:30-13:30 LUNCH BREAK

13:30-14:30 Work Action Plans

A session for preparation of concrete back to work action plans for how each agency /
organization will take action to address one or more key challenges that have been discussed in
the workshop. This should ideally also link to the 2018-19 country work plans of the EGP and the
budgets that have been allocated for activities to follow up on the ROLPAM, SESA.

14:30-16:30 Group discussions: Outcome/change harvesting (including coffee/tea break)

Participants will work in 3 groups (two Kenyan groups; one Mozambique group) to critically
reflect on the following questions:

1. Changing context in the mining sector and how they have affected the EGP (15 min)
2. What has really changed for different EGP target groups and what these changes mean for
them? (45 min)
3. How and where the EGP has been able to contribute to these identified changes? (15 min)
4. What were the critical assumptions made at the beginning of the EGP? Are they still valid?
(15 min)
5. How should the EGP be adapted in the remaining project timeframe? (15 min)

16:30-17:00 End of workshop evaluation and closing remarks

17:00-17:15 END OF DAY 2

19:00-21:00 DINNER

DAY 3 - THURSDAY, MAY 17, 2018

STUDY VISIT TO BASE TITANIUM

Throughout the day Departure from Diani Reef Resort at 9:00
Return to Diani Reef at 16:00